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CC Staff Report 05-09-110 CITY OF CHANAASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.2271160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Kairies, Planner I DATE: May 9, 2011 0�P SUBJ: Chanhassen BP: Conditional Use Permit & Site Plan Approval 7905 Great Plains Blvd — Planning Case #2011 -04 PROPOSED MOTION: The Chanhassen City Council approves a Conditional Use Permit and Site Plan with conditions as stated in the staff report dated April 19, 2011. City Council approval requires a majority of City Council present. EXECUTIVE SUMMARY The developer is requesting Site Plan Approval for a 3,915 square -foot retail building, a 1,503 square -foot double car wash, and a 32 -foot by 74 -foot 8 -inch gas canopy; and a Conditional Use Permit for gas pumps and to permit multiple buildings on a single lot for the redevelopment of property located at 7905 Great Plains Boulevard. Planning Commission Update The Planning Commission held a public hearing on April 19, 2011 to review the proposed development. The Planning Commission voted 6 — 0 to recommend approval of the development, one planning commissioner was recused. As part of the public hearing, the Planning Commission discussed the visibility of the properties to the north. Staff presented photographs of the subject site and surrounding business from several perspectives. The topography of the site increases 10 feet in elevation between the subject site and the properties to the north. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow The applicant's architect stated that the applicant was in agreement with the Senior Center conditions of approval. He stated that the prohibition of the logo on the canopy Phone: 952.227.1125 may be an issue with the franchise agreement; however, permitting the logo Fax: 952.227.1110 would require a sign variance as signage is not permitted on the gas canopy. Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt May 9, 2011 Page 2 of 3 Staff further investigated the abandonment of the two existing one -inch copper water services and determined that, if the water service is abandoned at the curb stop as proposed, the curb stop would be prone to leaking. Abandoning the water services at the watermain eliminates this issue. Therefore, staff is proposing to add the following condition: • The two existing one -inch copper water services must be abandoned at the watermain. Additionally, staff received a letter from MnDOT dated April 26, 2011 with additional conditions: • Access control should be shown on the site plan. MnDOT right -of -way must be clearly labeled. The site plan should identify the B- corners, as shown in Minnesota Department of Transportation Right -of -Way Plat No. 10 -4, dated January 28 1b, 1991. • The right -of -way should be shown as the north line of the triangle piece denoted Parcel 209B, as shown in Minnesota Department of Transportation Right -of -Way Plat No. 10 -4, dated January 28 1991. • The MnDOT right -of -way line along the west property line must be clearly noted on the plan. • The developer shall submit a plan showing construction limits and a proposed typical sidewalk pavement section. • The plan should relocate the section of sidewalk that ties into the TH 5 sidewalk to a position that has the least impacts to the existing trees. The plan should also show the grading impacts and measures taken for tree protection. • A Storm Water Permit is required by MnDOT. The Planning Commission minutes are item 1 a of the May 9, 2011 City Council packet. RECOMMENDATION Staff and the Planning Commission recommend City Council adopt the following motions: 1. "The Chanhassen City Council approve a Conditional Use Permit for a convenience store with gas pumps and to permit multiple buildings on a single lot, plans prepared by Rosa Architects dated received 3/21/2011, for property zoned Highway and Business Services District (BH), located at 7905 Great Plains Boulevard subject to conditions 1 — 6." 2. "The Chanhassen Planning City Council approve a Site Plan for a 3,915 square -foot, one - story convenience store, 1,503 square -foot double car wash, and a 32 -foot by 74 -foot 8 -inch gas canopy, plans prepared by Rosa Architects dated received 3/21/2011, for property zoned Todd Gerhardt May 9, 2011 Page 3 of 3 Highway and Business Services District (BH) located at 7905 Great Plains Boulevard subject to conditions 1 — 4." 3. "The Chanhassen City Council adopts the Planning Commission Findings of Fact." ATTACHMENTS 1. Letter from Mn/DOT dated April 26, 2011. 2. Minnesota Department of Transportation Right -of -Way Plat No. 10 -4, dated January 28 th , 1991. 3. Planning Commission Staff Report Dated April 19, 2011. gAplan\2011 planning cases\] 1 -04 by gas station site plan & cup \5 -9 -11 executive summary.doc �"r1NESq,q Minnesota Department of Transportation D a Metropolitan District Waters Edge OF To 1500 West County Road B -2 Roseville, MN 55113 -3174 April 26, 2011 Sharmeen Al -Jaff, Senior Planner City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: BP Station Mn/DOT Review # Sl1 -013 Northeast Quadrant of TH 5 and Great Plains Boulevard City of Chanhassen/Carver County Control Section 1002 Dear Ms. Al -Jaffa The Minnesota Department of Transportation (Mn/DOT) has reviewed the above referenced revised plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following comments: Mn/DOT Survey: Access control should be shown on the site plan. Additionally, Mn/DOT right -of -way should be clearly labeled. The site plan should also identify the B- corners. It is believed that Mn/DOT acquired the triangle piece denoted Parcel 209B in fee, so the right -of -way should be shown as the north line of the triangle. It is unclear where the right -of -way line is on the west side of the property. The plan notes a solid and a dashed line. Please identify which line represents Mn/DOT right -of -way and which line is the Chanhassen sewer easement. For questions concerning these comments, please contact Bruce Wetherbee, Mn/DOT Survey Section, at (651) 366 -5176. Design: The developer must submit a plan showing construction limits and a proposed typical sidewalk pavement section. The plan should relocate the section of sidewalk that ties into the TH 5 sidewalk to a position that has the least impacts to the existing trees. The plans should also show the grading impacts and measures taken for tree protection. For questions regarding these comments contact Nancy Jacobson, Mn/DOT Design Section, at (651) 234 -7647. An equal opportunity employer Water Resources: A drainage permit will be required. The petitioner has submitted all necessary storm water information, so all that remains is the drainage permit application. Please direct questions concerning drainage issues to Derek Beauduy, Mn/DOT Water Resources Section, at (651) 234- 7522. Permits: As noted previous, a Storm Water Permit will be required. In addition, a Short Form Permit is required for the sidewalk construction. Additionally, any work impacting MnDOT right of way requires a permit. Permit forms are available from MnDOT's utility website at http: / /www.dot.state.nm.us /utility/ . Please include one full -size plan set, and an 11 x 17 inch plan set for each permit application. Please direct any questions regarding permit requirements to Buck Craig, MnDOT's Metro Permits Section, at (651) 234 -7911. As a reminder, there are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. Mn/DOT can accept the plans via e-mail at metrodevreviews.dot@state.mn.us provided that each separate e-mail is less than 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: Mn/DOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disk. 4. Plans to NWDOT's external FTP Site. Please send pdf. files to: ftp: / /ftp2. dot. state. mn. us / pub / incoming /MetroWatersEdge/Planning Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dotgstate.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review please feel free to contact me at (651) 234 -7797. Sincerely, W li Senior Plann r Blind Copy sent via Groupwise: Nicole Peterson Tod Sherman E.Buck Craig Bruce Wetherbee Dale Matti Nancy Jacobson Ann Braden / Metropolitan Council File Copy: Mn/DOT Division File CS 1002 Mn/DOT LGL File City of Chanhassen, MN MN /DOT ORIGINAL cp IRON MON. 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R/IT AM LM DEFIED EEpp 4°: °• ,SE[H �} UU h fICE BY 0•• 2']0'Oi'.LM 250.00'.0°• 700'00•. IN PLAT N0. 10�N D; E. P. 100213.121190) _.____ CITY OF CHANHASSEN PC DATE: 4/19/11 CC DATE: 5/9/11 REVIEW DEADLINE: 5/20/2011 CASE #: 11 -04 BY: AF, AK, TJ, JM, ML PROPOSED MOTION: T1 41 1. "The Chanhassen Planning Ce i i 3effffneads City Council approves a Conditional Use Permit for a convenience store with gas pumps and to permit multiple buildings on a single lot, plans prepared by Rosa Architects dated received 3/21/2011, for property zoned Highway and Business Services District (BH), located at 7905 Great Plains Boulevard subject to conditions 1— 6." 2. "The Chanhassen City Council approves a Site Plan for a 3,915 square -foot, one -story convenience store, 1,503 square -foot double car wash, and a 32 -foot by 74 -foot 8 -inch gas canopy, plans prepared by Rosa Architects dated received 3/21/2011, for property zoned Highway and Business Services District (BH) located at 7905 Great Plains Boulevard subject to conditions 1 — 4. 3. "Adoption of the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The developer is requesting Site Plan Approval for a 3,915 square -foot retail building, 1,503 square -foot double car wash, and a 32 -foot by 74 -foot 8 -inch gas canopy; and a Conditional Use Permit for gas pumps and to permit multiple buildings on a single lot for the redevelopment of property located at 7905 Great Plains Boulevard. LOCATION: APPLICANT: 7905 Great Plains Boulevard (See Exhibit A) Russ Rosa Rosa Architectural Group, Inc. 1084 Sterling Street St. Paul, MN 55119 651- 739 -7988 Khaled Aloul 231 East 105 Street Bloomington, MN 55420 651- 343 -4995 khalaloul @gmail.com PRESENT ZONING: Highway and Business Services District (BH) 2030 LAND USE PLAN: Commercial ACREAGE: 1. 13 44 Acres (49,414.5 square feet) DENSITY: F.A.R. 0.11 BP Gas Station Planning Case 11 -04 April 19, 2011 Page 2 of 22 LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets those standards, the City must then approve the site plan. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL /SUMMARY The applicant is requesting conditional use permit and site plan approval to redevelop the Chanhassen BP Gas Station site. The existing development consists of a 1,030 square -foot retail building, one car wash and six gas pumps. The request is for a 3,915 square -foot, one -story convenience store, 1,503 square —foot double car wash, a 32 -foot by 74 -foot 8 -inch gas canopy and six gas pumps. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 3 of 22 To the north of the subject site is the self -serve car wash and Valvoline. To the south of the site is Highway 5. To the east of the site is Master Collision and Brown's Tire and Auto, and located to the west of the site is Great Plains Boulevard and Holiday Gas Station. Water and sewer services are available to the site. Access to the parcels is gained via Great Plains Boulevard. Staff is recommending approval of the site plan and conditional use permit, subject to the conditions of the staff report. APPLICABLE REGUATIONS Chapter 20, Article II, Division 2, Conditional Use Permits Sec. 20 -232. General issuance standards. Sec. 20 -290. Convenience stores with gas pumps. Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XVII, Highway and Business Services District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Development BACKGROUND On May 29, 2001, the City Council approved a Site Plan and Conditional Use Permit with a variance for Holiday Station, located west of the subject site, across Great Plains Boulevard. This approval allowed a 213 -foot separation from the nearest gas pump at Amoco, currently BP. On January 22, 1990, the Chanhassen City Council approved ordinance #116 making convenience stores with gas pumps a conditional use in the BH district and amending section 20 -290 adding the following: (6) Gas pumps and/or storage tank vent pipes shall not be located within one hundred (100) feet of any parcel zoned or guided for residential use. (7) A minimum separation of two hundred fifty (250) feet is required between the nearest gas pumps of individual parcels for which a conditional use permit is being requested. _y 14 BP Gas Station Planning Case 11 -04 April 19, 2011 Page 4 of 22 On January 23, 1988 the Chanhassen City Council approved site plan 88 -11, to redevelop the site to permit a 1,030 square -foot convenience store, 30 -foot by 101 -foot gas canopy, six gas pumps and a single -bay automatic car wash. 7 ■gO� ILE l 1 Gas ia; Pimps ve / / IIr 4 l/ i / Prior to 1988 the site contained an Amoco Standard Station and automatic car wash. CONDITIONAL USE PERMIT In 1988, when the Amoco site plan was approved, a Conditional Use Permit (CUP) was not required for convenience stores with gas pumps. This requirement was adopted in 1990, therefore, the subject site does not have an existing CUP for the gas pumps and is legal nonconforming. Since the applicant is requesting site plan approval to redevelop the site, the current standards and requirements of the City Code must be enforced, including requiring a CUP for the gas pumps. The subject site is in compliance with the CUP standards as outlined in Section 20 -290 Convenience stores with gas pumps criteria: 1. No unlicensed or inoperable vehicles shall be stored on premises. 2. No repair, assembly, disassembly of vehicles. 3. No outside speaker system shall be allowed without approval from the City Council. 4. Gas pump stacking area deemed to be appropriate by the city shall not intrude into any required setback area. The proposed site plan complies with this condition. 5. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all- terrain vehicles shall be permitted. 6. Facilities for the collection of waste oil must be provided. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 5 of 22 7. Gas pumps and/or storage tank vent pipes shall not be located within 100 feet of any parcel zoned or guided for residential use. The proposed site plan complies with this condition. 8. A minimum separation of 250 feet is required between the nearest gas pumps on separate parcels. Variance granted in 2001. In 2001, the Holiday Station, located west of the subject site across Great Plains Boulevard, received site plan approval and a variance to permit a 213 -foot separation from its pump to the nearest gas pump at Amoco, currently BP. The proposed site plan will maintain the 213 -foot separation, being that the nearest gas pump will remain in the same location. A Aft - Y m Staff recommends approval of the conditional use permit. GENERAL SITE PLAN /ARCHITECTURE The applicant is requesting site plan approval for a 3,915 square -foot one -story convenience store, a 1,503 square -foot double car wash, a 32 -foot by 74 -foot 8 -inch gas canopy and six gas pumps. Convenience stores and car washes are permitted uses and gas pumps are a Conditional Use in the BH district. The applicant is proposing to redevelop the BP gas station site by: • Removing the existing convenience store which currently sits under the gas canopy, • Relocating two gas pumps under the canopy where the building was located, • Constructing a larger convenience store to the east side of the site, and • Adding a second car wash bay and mechanical storage building. CrR'W _ i 7C-- ;W • 7 0 Conditions !� ' // i Existing �_N / • BP Gas Station Planning Case 11 -04 April 19, 2011 Page 6 of 22 In 1988, the car wash was viewed as an accessory use to the convenience store; however, both a car wash and a convenience store are permitted uses within the BH district. This means that each use could be located separately on a single lot and are considered to be principal structures. City Code Sec. 20 -903 permits groupings of building only with approval of a CUP. Again, since the applicant is requesting site plan approval, the current standards and requirements of the City Code must be enforced. The site is accessed off of Great Plains Boulevard. The location of the gas canopy will remain; however, the size of the canopy will be reduced. The drive aisle between the canopy and the edge of the bituminous on the south property line is 14 feet and does not comply with the 26 -foot drive aisle required by city code. Being that the width is an existing nonconformity and will not change; the nonconforming width can remain as outlined in Section 20 -72. (a) Nonconforming uses and structures: Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion. The convenience store will be relocated to the east and surrounded by the drive aisle /stacking lane for the car wash. The trash enclosure will also be located on the east side of the site. There is a sidewalk and patio area proposed on the west and south side of the convenience store for patrons. The existing car wash will remain, with a second wash bay attached to the south side of the structure. The mechanical storage building will be located on the north side of the existing wash bay. The storage building is located in an easement and will require an encroachment agreement from the city. The applicant is also proposing a sidewalk connection form the trail along Highway 5 to the site near the convenience store. This will require a permit from MnDOT to work within the right -of- way. ARCHITECTURAL COMPLIANCE Size Portion Placement The City Code promotes the location of the building nearest to the setback lines as outlined in the district regulations. This site is unique in the fact that it has frontage on both Highway 5 and Great Plains Boulevard. The applicant worked within the constraints of existing structures on the site (gas pumps, canopy, and car wash) and the city code requirements to redevelop the convenience store. The minimum setback in the BH district is 25 feet from the front property line. The convenience store is proposed to be set back 25 feet from the south property line along Highway 5 and to the east side of the property. The car wash and gas canopy are located approximately 60 feet from the west property line along Great Plains Boulevard. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 7 of 22 The trash enclosure and drive aisle /vehicle stacking for the car wash surrounds the convenience store. a 1 8 290. o B~ DRIVE LANE t— I CAR WASH I ca • / ] 3 N j aT J yt 1 1 0 1 R IB I 0 I7 pP A ___lJl DS / �•� .� f // �r PROPOSED 517E PLAN I The proposed 3,915 square -foot convenience store is a single -story building. The main entrances into the building are located on the west elevation. The entrances are surrounded by windows and lined with fabric awnings across the top of the windows. The southwest corner of the building is further accentuated with a 3% -foot parapet with cornice. — � wit`FT.l'n YS'R � .LY]°:i:S l.I'C:=fFYT.'Triif �• �� I Ma Z�*j a [*j There is a second patron entrance located on the south elevation of the building to access the patio and the proposed sidewalk connection to the trail along Highway 5. The entrance is also BP Gas Station Planning Case 11 -04 April 19, 2011 Page 8 of 22 surrounded by windows, fabric awnings and a parapet with cornice to accentuate the southwest corner of the building. The east elevation of the building is located adjacent to the Brown's Tire and Auto and Master Collision auto body properties, which is located at a higher elevation than the convenience store. This elevation contains a service door and one window with a fabric awning on top. This elevation is the "back" of the building; however, it will be visible from westbound traffic traveling on Highway 5. Therefore, the fenestration shall be increased to meet code requirements for elevations viewed by the public. This issue will be discussed in greater detail later in the report. The north elevation of the proposed building is adjacent to the Valvoline Instant Oil building, which is also situated at a higher elevation and will have minimal view by the public. The applicant is proposing architectural detailing with columns and varied materials, to accentuate this elevation, as well as additional landscaping between the property line and the drive aisle and drive aisle and the building. PROP05ED BUILDING ELEVATION - SOUTN PROPOSED BUILDING ELEVATION - EAST BP Gas Station Planning Case 11 -04 April 19, 2011 Page 9 of 22 Building Articulation The articulation of the building steps back twice along the south elevation. The building steps back six feet from the southwest corner of the building and then back an additional 11 feet toward the southeast side of the elevation. Along the west elevation, the building steps back 1 -2 feet from the southwest corner. In addition, the building articulation incorporates columns of cultured stone. Articulation is further enhanced through the use of storefront windows, awnings and parapet wall with cornice. Color and Material There is a combination of materials including brick, block, and EFIS incorporated into the design to provide visual interest to the building. The west and south elevations of the building (front) are primarily constructed of storefront windows bordered with aluminum frames and muted tan, limestone and wine colored cultured stone columns. Above the windows is an accent fabric awning. Above the awnings is a medium tan EFIS accent band. The parapet and cornice are light beige and darker tan EFIS topped with a prefinished medium tan metal cap. The east and north elevations are primarily constructed buff tan brick masonry and with a limestone rock face at the base. The elevations are accented with cultured stone columns and continue the medium tan EFIS accent band and the light beige and darker tan EFIS parapet and cornice topped with a medium tan prefinished metal cap. Height and Roof Design The single -story building is 18 feet in height to the roof. The roof articulation is provided through a 3 %2 -foot parapet wall at the southwest corner of the building and stretches approximately 35 feet along the west and south elevations of the building. City code requires that each building contain one or more pitched elements, such as a pitched roof, awnings or entrances. There is an accent fabric awning located above the storefront windows and doors of the south, west and east elevations. Additionally, the parapet with cornice provides vertical detail to the building. PROPOSED BUILDING ELEVATION - NORTH BP Gas Station Planning Case 11 -04 April 19, 2011 Page 10 of 22 The mechanical equipment is located in the center of the roof and is screened through the use of the parapet wall surrounding the building. The roof top equipment will be adequately screened from view. Facade Transparency City code requires that 50 percent of the first floor elevation that is viewed by the public shall include transparent windows and/or doors. The south and west elevations of the building exceed this requirement. Being that the east elevation will be visible to traffic traveling westbound, it must incorporate fagade fenestration. The picture to the right is a view of the site from the westbound lane on Highway 5. Currently, there are mature evergreen trees screening the existing building; however, these evergreens are to be removed and are in the location of the proposed drive aisle /vehicle stacking area for the car wash. The applicant is proposing additional landscaping; however, the Autumn Spire Red Maples proposed near the building are overstory trees and the east elevation of the building will still be visible. Additionally, the proposed pond will preclude landscaping in the areas of the building that will be visible to the public. PROPOSED BUILDING ELEVATION - EAST BP Gas Station Planning Case 11 -04 April 19, 2011 Page 11 of 22 City code, Section 20 -1068 Fagade transparency, does allow for reduced transparency standards for uses within buildings that do not readily allow windows, such as storage areas. The interior uses adjacent to this elevation are storage and restrooms. The fenestration requirement in these areas can be achieved through the use of upper level windows, spandrel glass, and glass blocks or increased architectural detailing. The applicant has shown one window and service door on the east elevation; however, based on a site visit it is staff's opinion that the fenestration on the east elevation should be increased. Staff is recommending the fenestration on the east elevation be added to the sections labeled A and B in the schematic below. The north elevation faces the drive aisle /vehicle stacking for the parking lot and abuts Valvoline Instant Oil. There is a 10 -foot rise from the subject site up to the Valvoline Instant Oil property. The applicant has included architectural detailing, including columns and changing of materials as well as providing landscaping between the drive aisle and the building. FROPOSED BUILDING ELEVATION - EAST PROPOSED BUILDING ELEVATION - NORTN BP Gas Station Planning Case 11 -04 April 19, 2011 Page 12 of 22 The applicant is proposing to reconstruct the existing car wash in the same location and add a second car wash bay and a mechanical storage building on the north side of the car wash. The proposed car wash is 13'4" in height and 1,503 square feet. The car wash will be constructed using the same materials as the convenience store. The only signage on the car wash will be directional entrance and exit signs above the car wash doors. The applicant is proposing to reconstruct a gas canopy over the six gas pumps. The current canopy is 30 feet by 101 feet. The applicant is proposing a 32 -foot by 74 -foot 8 -inch gas canopy. The proposed canopy is 16 feet 6 inches in height. The canopy over the pumps must be constructed of non - combustible materials or materials equivalent to one -hour fire - resistive construction. The applicant has shown a projecting neon stripe and the BP logo on the canopy. Signage is not permitted on the canopy. The canopy may contain only a one - dimensional stripe. No other signage, including the logo, is permitted on the canopy. LIGHTING /SIGNAGE Lighting City code requires that the applicant provide site lighting for the parking lot area to provide adequate levels of safety. Site lighting may be provided via 30 -foot tall light poles /fixtures. All fixtures must be shielded, high- pressure sodium or Light- Emitting Diode (LED) with a total cutoff angle equal to or less than 90 degrees. Wall- mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees and shall not be directed skyward. To minimize off -site impact, light levels shall not exceed one -half foot candle at the property line. It appears that the proposed lighting complies with city code. CM1- EHS-XX external house side shleld EPA = 0.57 ft' PROP06ED CAR WA5N ELEVATION PROPOSED GAR WASH ELE=VATION BP Gas Station Planning Case 11 -04 April 19, 2011 Page 13 of 22 The proposed lighting on the building is wall sconces and the lighting throughout the parking lot is external house side shield light posts. The applicant submitted photometric calculations for the site, and the lighting for the common vehicular access is sufficient and complies with City Code. The lighting within the canopy shall be recessed. No external lighting on the canopy is permitted. Signage The applicant is proposing wall signage on the west and south elevation of the building located above the awnings on the parapet wall. There is currently a 64 square -foot, 16 -foot tall pylon sign located on the corner of Highway 5 and Great Plains Boulevard. The sign does not comply with the required 10 -foot setback; however, it is nonconforming and may be continued. The applicant is proposing to continue the use of the pylon sign. As part of the reconstruction of the gas canopy, the applicant is proposing to continue the green stripe and the BP logo on the canopy. It was believed that the stripe and logo were legal nonconforming and could be replaced. However, upon researching the previous 1988 site plan for the Amoco gas station and the conditions of approval; Condition #6 states: The gas canopy shall not be permitted any signage including the Amoco stripe name. This prohibition is consistent with the current sign ordinance. Therefore, the canopy may contain a one - dimensional stripe, not a projecting neon stripe, and may not contain the logo or any other signage on the canopy. All signage shall comply with city code and requires a separate sign permit application. Site Furnishing The applicant is proposing a patio area with tables on the south side of the building adjacent to the interior customer area containing beverages and hot food. The site also contains landscaping throughout the site and around the building. Loading Areas, Refuse Area, etc. The loading zone for the convenience store can be accommodated through the service door located on the east elevation. There is a sidewalk connection from the drive aisle to the door. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 14 of 22 The proposed location of the free - standing trash enclosure is also on the east side of the building and drive aisle /vehicular stacking area. The trash enclosure is 8 feet tall, 12 feet wide by 8 feet deep, and contains one dumpster. The enclosure will be constructed of Rock Face Masonry at the base, Brick Masonry sides and a precast cap. The doors of the enclosure will be constructed of a Medium Tan synthetic decking material attached to metal frame with a metal latch and brackets. The enclosure will be consistent in color with the building. Lot Frontage and Parking Location Frontage The subject site fronts on Highway 5 and Great Plains Boulevard. This site has street frontage on both Highway 5 and Great Plains Boulevard. The site is unique in the fact that it is being redeveloped and the gas pumps, canopy and car wash are to remain. The minimum setback in the BH district is 25 feet from the front property line. The convenience store is proposed to be set back 25 feet from the south property line along Highway 5 and located on the east side of the property. The car wash and gas canopy are located approximately 60 feet from the west property line along Great Plains Boulevard. The edge of the proposed parking lot is set back 10 feet from the property line and shall incorporate an approved landscape buffer. City approval of the shrub species and planting spacing is required before installation. Parking There are 20 stalls required for the site, one space per 200 square feet of the retail building. There are a total of 23 parking stalls proposed on the site; 11 parking stalls along the south and west property lines and in front of the convenience store and 12 spaces at the gas pumps. The parking space located farthest from the entrance of the convenience store (space labeled 6 on the site plan) is shown as handicap accessible. Minnesota State Building Code states the accessible parking space must be located "on the shortest accessible route of travel" (MSBC 1341.1106.6) to an accessible 1 t l J ■ ■� is ■1 ,. umma@ , / %ice �•.�: .♦� building entrance. Staff is recommending the space labeled 10 or 11 with adjacent 8 -foot access aisle be designated as handicapped accessible. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 15 of 22 ACCESS The existing driveway at Great Plains Boulevard will be used to access the new convenience store. The main drive aisle to the convenience store will be on the north side of the gas pump canopy. This site plan must be adjusted so that the main drive aisle is at least 26 feet wide, which is the minimum width required by city code for two -way traffic. The area under the canopy cannot be included in the drive aisle width. The drive aisle on the south side of the gas pump canopy is 14 feet wide. This drive aisle width does not meet the city code minimum requirement for one -way traffic; however, since it is an existing condition it is grandfathered in. A 13 -foot wide, one -way drive aisle is proposed on the site to access the trash enclosure and to provide access and queuing for car wash bays. The drive aisle is not wide enough to allow for a vehicle to bypass the car wash line in the event that the wait time is too long for a patron. Staff has raised this issue with the owner. The applicant is proposing to add a sidewalk connection from the trail along Highway 5 to the site near the proposed patio and south entrance to the building. All sidewalk connections shall meet ADA requirements and incorporate pedestrian ramps. LANDSCAPING Minimum requirements for landscaping include 1,984 square feet of landscaped area around the parking lot, 7 trees for the parking lot, and bufferyard plantings along Highway 5, Great Plains Boulevard and north property line. The proposed landscaping as compared to the requirements for landscape area and parking lot trees is shown in the following table. The applicant does not meet specific minimum requirements for bufferyard plantings, but does meet the intent of the requirements. For the highway bufferyard, the applicant is using more overstory trees than required and is planting 17 trees total compared to the 16 required. However, staff recommends that the tree requirements along Great Plains Boulevard be met by Required Proposed Vehicular use landscape area 1,984 square feet >1,984 square feet Trees /landscape area 7 canopy trees 7 canopy trees Highway 5 5 canopy trees 8 canopy bufferyard B — 280' 11 understory trees 9 understory 16 shrubs 21 shrubs Great Plains Boulevard. 2 canopy trees 4 canopy bufferyard B — 80' 3 understory trees 0 understory 4 shrubs 4 shrubs North property line 2 canopy tree 6 canopy trees bufferyard A — 290' 4 understory trees 10 understory 4 shrubs 0 shrubs The applicant does not meet specific minimum requirements for bufferyard plantings, but does meet the intent of the requirements. For the highway bufferyard, the applicant is using more overstory trees than required and is planting 17 trees total compared to the 16 required. However, staff recommends that the tree requirements along Great Plains Boulevard be met by BP Gas Station Planning Case 11 -04 April 19, 2011 Page 16 of 22 increasing the number of understory trees. The applicant can shift quantities on site and meet the minimum requirements for each bufferyard. GRADING/DRAINAGE The developer must obtain a MnDOT permit for the sidewalk connection to the Highway 5 trail on the south side of the site. The developer must ensure that the sidewalk connection does not create a localized low point on the west side of the sidewalk connection. The grading near the northeast corner of the proposed building must be revised so that it is minimum 3:1. This revision may require a short retaining wall. If a retaining wall is to be installed at this location, the owner must obtain an encroachment agreement since the wall would be located within the sanitary sewer easement. The site improvements require up to one foot of cut over the existing sanitary sewer on the north side of the site. Based on the as -built information available, there is more than 10 feet of cover over the sanitary sewer; therefore, there will still be adequate cover over the pipe. The sanitary sewer line must be televised before and after construction to ensure that the grading equipment does not damage the sanitary sewer. Wetlands There are no wetlands located within the subject site. Lakes The proposed project does not lie within 1,000 feet of the ordinary high water level (OHW) of any public waters; therefore, it is not within a shoreland district. Drainage and Erosion and Sediment Control The plans show a new 24 -inch diameter private storm sewer between the proposed filtration basin and the existing 12 -inch diameter private storm sewer. The storm sewer design model indicates that the 10 -year discharge rate from the filtration basin will not exceed the existing rates and will only slightly exceed the 100 -year storm event. Measures must be taken to protect the filtration feature from sediment deposition and compaction resulting from the operation of heavy equipment in this area. These measures need to be indicated on the plan set. The applicant is strongly encouraged to plant the basin with plugs to ensure establishment of deep- rooted vegetation and for aesthetics. The MPCA Plants for Stormwater Design is recommended for selecting planting materials appropriate for anticipated conditions. Because this is an alternative stormwater Best Management Practices (BMPs) and will be privately owned and maintained, an operations and maintenance manual will need to be created and provided to the city for review and approval. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 17 of 22 City standard detail plate 5300 shall be used to show silt fence installation. Preassembled is not appropriate for the anticipated conditions; machine sliced or more protective should be used. This should be used as shown for perimeter control as well as to protect the filtration basin. No rock construction entrance will be required because of the remaining asphalt entrance. However, a note shall be included on the plan indicating that the contractor will be required to remove tracking from Great Plains Boulevard as needed. Proposed grading limits will be less than the 1.0 acre disturbance threshold at which an NPDES permit is required. In the event that the disturbance exceeds that threshold, the owner and their contractor must apply for an NPDES permit as soon as it is known that the site will exceed one acre of disturbance. UTILITIES The site is currently served by two one -inch diameter water services. These water services will be abandoned. A new six -inch diameter private water service is proposed to be installed to serve the convenience store and the car wash bays. The service will extend from the existing 10 -inch watermain within Great Plains Boulevard. The new water service must be wet tapped. Contact Kevin Crooks at 952- 227 -1311 a minimum of three working days before the water service connection. The new water service connection requires cutting into Great Plains Boulevard. A $7,600 cash escrow must be submitted to ensure that the street is properly patched. This escrow will be released if the street patch is in good condition after one freeze -thaw cycle has passed. The six -inch private watermain north of the building must be a minimum of 10 feet from the existing 10 -inch trunk sanitary sewer. The existing sanitary sewer service to the site extends from the 10 -inch trunk sanitary sewer on the north side of the site. Sewer service to the convenience store will extend from the existing service. City water and sanitary sewer hook -up fees and the Metropolitan Council Sewer Access Charge (SAC) fee will be due with the building permit. The fees will be based on the additional SAC units resulting from the convenience store construction and the car wash expansion. The SAC units are determined by the Metropolitan Council. The current fees are $5,393 /SAC unit for City water, $2,026 /SAC unit for City sewer and $2,175 /SAC unit for the Metropolitan Council SAC fee. OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 18 of 22 MISCELLENOUS The building is in excess of 2,000 square feet and is required to have an automatic fire extinguishing system. All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report required. Detailed building code related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. A separate demolition permit will be required if demolition is intended prior to building permit issuance. The owner and /or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. COMPLIANCE TABLE Lot Ordinance Requirements Subject Site Area 20,000 square feet 49,414.5 square feet Frontage 100' S: 455.72' W: 163.84' Depth 150' approx: 335.35' Lot Coverage 65% 65% Building Height Ordinance Requirements Subject Site Principal two -story one -story: 21'6" Accessory one -story one -story: 13'4" Gas Canopy one -story one -story: 166" Building Setbacks Ordinance Requirements Subject Site West Front yard 25' 62' Car wash 54' Gas Canopy South Front yard 25' 25' Convenience Store 40' Gas Canopy Side yard 10' 26' Convenience Store 15' Car wash storage building Parking Requirements Ordinance Requirements Subject Site Stalls 1:200 (Retail) Convenience Store 3,915square feet /200 = 20 stalls 11 + 12 at pumps = 23 South Front yard I 10'w/ screening, 25' without 10' with Screening RECOMMENDATION Staff and the Planning Commission recommends the Chanhassen City Council adopt the following motions and adoption of the attached findings of fact and recommendation: A. "The Chanhassen City Council approves a Conditional Use Permit for a convenience store with gas pumps and to permit multiple buildings on a single lot, plans prepared by Rosa Architects dated received 3/21/2011, for property zoned Highway and Business Services District (BH), located at 7905 Great Plains Boulevard subject to the following conditions: BP Gas Station Planning Case 11 -04 April 19, 2011 Page 19 of 22 1. No unlicensed or inoperable vehicles shall be stored on premises. 2. No repair, assembly, disassembly of vehicles. 3. No outside speaker system shall be allowed without approval from the City Council. 4. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all- terrain vehicles shall be permitted. 5. Facilities for the collection of waste oil must be provided. 6. A minimum separation of 213 feet is required between the nearest gas pumps on the subject site and Holiday Station located across Great Plains Boulevard." fifid- B. "The Chanhassen City Council approves the Site Plan for a 3,915 square -foot, one -story convenience store, 1,503 square -foot double car wash, and a 32 -foot by 74 -foot 8 -inch gas canopy, plans prepared by Rosa Architects dated received 3/21/2011, for property located at 7905 Great Plains Boulevard subject to the following conditions: 1. Building Official a. The proposed structures (if area exceeds 2000 square feet) are required to have automatic fire extinguishing systems (MN Rule 1306). b. All plans must be prepared and signed by design professionals licensed in the State of Minnesota. Geotechnical (soil evaluation) report required. c. The canopy over the pumps must be constructed of non - combustible materials or materials equivalent to one -hour fire- resistive construction. d. Detailed building code related requirements have not been reviewed; this will take place when complete structural /architectural plans are submitted. e. The proposed accessible parking space must be relocated to be "on the shortest accessible route of travel" (MSBC 1341.1106.6) to an accessible building entrance (suggested alternative would be parking space 10 or 11 with adjacent 8 -foot access aisle). f. A separate demolition permit will be required if demolition is intended prior to building permit issuance. g. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 20 of 22 2. Forester a. Applicant shall increase bufferyard plantings to meet minimum requirements for the west property line. A revised landscape plan shall be submitted to the City prior to building permit issuance. 3. Engineering and Water Resources a. The main drive aisle to the convenience store must be revised so that it is minimum 26 feet wide. The area under the canopy cannot be included in the drive aisle width. b. The developer must obtain a MnDOT permit for the sidewalk connection to the Highway 5 trail on the south side of the site. c. The developer must ensure that the sidewalk connection does not create a localized low point on the west side of the sidewalk connection. d. The grading near the northeast corner of the proposed building must be revised so that it is minimum 3:1. e. If a retaining wall is installed near the northeast corner of the building, the owner must obtain an encroachment agreement since the wall would be located within the sanitary sewer easement. f. Any encroachment into a drainage and utility easement must be approved by the Engineering Department and an encroachment agreement must be obtained. g. The sanitary sewer line must be televised before and after construction to ensure that the grading equipment does not damage the sanitary sewer. h. The new water service must be wet tapped. i. Contact Kevin Crooks at 952- 227 -1311 a minimum of three working days before the water service and sewer service connection. j. A $7,600 cash escrow must be submitted to ensure that the street is properly patched after the water service connection is made. This escrow will be released if the street patch is in good condition after one freeze -thaw cycle has passed. k. A $500 cash escrow must be submitted to ensure that proper erosion and sediment control is employed. This escrow will be released once final stabilization is achieved per MPCA rules. 1. The 6 -inch private watermain north of the building must be minimum of 10 feet from the existing 10 -inch trunk sanitary sewer. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 21 of 22 m. City standard detail plate 5300 shall be used on C3. n. Indicate on plan set how filtration area is to be protected from sedimentation and compaction due to heavy equipment traffic. o. Sheet C 1 shows the minimum anticipated sediment and erosion control measures. These will need to change if they prove inadequate or if site and/or climatic conditions change. This needs to be indicated on sheet C1 or otherwise communicated with the selected contractor. p. All disturbed soils must be stabilized with 14 days after cessation of grading activities. q. An operations and maintenance manual shall be completed and provided to the city for the infiltration feature. r. The two existing one -inch copper water services must be abandoned at the watermain. s. Access control should be shown on the site plan. MnDOT right -of -way must be clearly labeled. The site plan should identify the B- corners, as shown in Minnesota Department of Transportation Right -of -Way Plat No. 10 -4, dated January 28 1991. t. The right -of -way should be shown as the north line of the triangle piece denoted Parcel 209B, as shown in Minnesota Department of Transportation Right -of- Way Plat No. 10 -4, dated January 28 1991. u. The MnDOT right -of -way line along the west property line must be clearly noted on the plan. v. The developer shall submit a plan showing construction limits and a proposed typical sidewalk pavement section. w. The plan should relocate the section of sidewalk that ties into the TH 5 sidewalk to a position that has the least impacts to the existing trees. The plan should also show the grading impacts and measures taken for tree protection. x. A Storm Water Permit is required by MnDOT. 4. General a. One additional fire hydrant is required to be located northwest of the building between the car wash service road and the proposed building. Contact Chanhassen Fire Marshal Mark Littfin at 952- 227 -1151 for the exact location. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 22 of 22 b. All sidewalk connections shall comply with ADA requirements. c. The fenestration on the east elevation shall be increased to meet city code requirements. d. The canopy may contain a one - dimensional stripe only; no other signage or exterior lighting may be on the canopy. e. The lighting within the canopy shall be recessed; no external lighting on the canopy is permitted. f. All signage shall comply with City Code and requires a separate sign permit application." and C. "Adoption of the findings of fact and recommendation." ATTACHMENTS 1. Exhibit A: Legal Description. 2. Findings of Fact and Recommendation. 3. Development Review Application. 4. Reduced Copy Existing Conditions Dated Received 3/21/2011. 5. Reduced Copy Grading Plan. 6. Reduced Copy Utility Plan. 7. Reduced Copy Landscape Plan & Details. 8. Reduced Copy Site Plan. 9. Reduced Copy Floor Plan. 10. Reduced Copy Site Lighting Plan. 11. Reduced Copies Building Elevations (colored). 12. SPR 88 -11 Conditions of Approval. 13. Public Hearing Notice and Mailing List. g \plan\2011 planning cases \11 -04 by gas station site plan & cup \cc staff report.doc EXHIBIT A Survey Metes and Bounds Description: A survey of that part of Northwest quarter of the Northeast quarter, Section 13, Township 116 North, Range 19 West, of the 5`" Principal Meridian, City of Chanhassen, Carver County, State of Minnesota, more particularly described as follows: Commencing at the Northwest corner of the Northwest quarter of the Northeast quarter; thence South 00 degrees 25 minutes 29 seconds East 722.7 feet along the Westerly line of said quarter; thence North 89 degrees 34 minutes 31 seconds East 60.66 feet along a line perpendicular to the Westerly line of said quarter to a point of the Easterly right -of -way line of State Trunk Highway 101, and the point of beginning; thence continuing North 89 degrees 34 minutes 31 seconds East 335.35 feet along a line perpendicular to the Westerly line of said quarter; thence South 74 degrees 04 minutes 29 seconds East 62.66 feet to a point of the Northerly right -of -way line of State Trunk Highway No. 5; thence South 59 degrees, 02 minutes 31 seconds 354.52 feet along the Northerly right -of -way line of State Trunk Highway No. 5 to the Easterly corner of Parcel 209B of the Minnesota Department of Transportation right -of -way Plat No. 10 -4; thence South 89 degrees 50 minutes 18 seconds West 34.38 feet along the Northerly line of Parcel 209B to the Westerly corner of said Parcel 209B; thence North 59 degrees 25 minutes 32 seconds West 65.53 feet to a point of the Easterly right -of -way line of State Trunk Highway No. 101; thence North 00 degrees 11 minutes 00 seconds East 163.84 feet along the Easterly right -of -way line of State Trunk Highway No. 101 to the point of beginning, containing 49,414.5 square feet, or 1.134 acres. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Khaled Aloul for approval of a Conditional Use Permit and Site Plan, Planning Case #2011 -04, for a convenience store with gas pumps and multiple buildings on a single lot, for property zoned Highway and Business Services District (BH), located at 7905 Great Plains Boulevard. On April 19, 2011, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Khaled Aloul for a conditional use permit and site plan approval for a convenience store with gas pumps and multiple buildings on a single lot, for property located at 7905 Great Plains Boulevard. The Planning Commission conducted a public hearing on the proposed Conditional Use Permit and Site Plan which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Highway and Business Services (BH). 2. The property is guided as Commercial by the 2030 Land Use Plan. 3. The legal description of the property is described as shown in Exhibit A. 4. Conditional Use Findings: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city.. Finding: The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Approval of the conditional use allows the continuation and intensification of the existing use and enhances the appearance of the development. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed use is consistent with the city's comprehensive plan land use designation and complies with the district regulations and standards. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed use is designed, constructed, operated and maintained to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The site is currently being used for a convenience store with gas pumps. The surrounding uses are automobile - related uses. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed use and redevelopment of the gas station will not be hazardous or disturb existing or planned neighboring uses. Currently there are multiple buildings located on the subject site, a convenience store with gas pumps and an existing car wash. The subject site is located in the Highway and Business Services (BH) District which permits auto - related uses, including convenience stores with gas pumps. The surrounding properties include auto repair and service and a gas station across Great Plains Boulevard. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The proposed use is served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The use is adequately served by existing public facilities. Finding: The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The use is compatible with the surrounding uses. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed use has adequate vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 2 Finding: The proposed use does not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. Finding: The proposed use is aesthetically compatible with the area. The proposed redevelopment of the site should enhance the appearance of this corner. k. Will not depreciate surrounding property values. Finding: The proposed use will not depreciate surrounding property values, but shall enhance the surrounding properties. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed use meets standards prescribed for certain uses as provided in the CUP standards. The development complies with the BH district regulations and the design standards for Commercial, Industrial and Office Institutional development. 5. In evaluating a Site Plan and building plan, the city shall consider the development's compliance with the following: a. The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; Finding: The proposed development is consistent with the elements and objectives of the city's development guides and the comprehensive plan. The proposed development enhances the commercial use, provides an important commercial service, is located in the commercial core of the community and utilizes the existing infrastructure. b. The proposed development is consistent with the site plan review requirements; Finding: The proposed development is consistent with the site plan review requirements as outlined in the City Code. c. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; Finding: The subject site is currently developed with a convenience store, gas pumps with gas canopy and a car wash. The proposed development will be designed to keep with the general appearance of the area; additional landscaping and a retention pond are proposed as part of the site plan. d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; Finding: The relationship of the proposed buildings and open space is harmonious with the natural features and existing structures on the site. The applicant worked diligently to design the site around the existing location of the car wash, gas pumps and gas canopy and the requirements of the City Code. The proposed building has a better orientation the surrounding public spaces. e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; Finding: The proposed development maintains a sense of order. The drive aisle and vehicle stacking area for the car wash is located around the convenience store and will not interfere with customer parking or access to the gas pumps. 2) The amount and location of open space and landscaping; Finding: The proposed development incorporates landscaping and a retention pond and complies with the 65% site coverage as required in the BH zoning district. 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and Finding: The materials, textures, colors and details of construction are an expression of the design concept. The architecture is repeated throughout the site, the materials and elements are incorporated in each structure. 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. Finding: The functionality of the vehicular and pedestrian circulation will not interfere with one another. The vehicle stacking for the car wash is located around the convenience store. The applicant is adding a sidewalk connection from the trail along Hwy 5 to the convenience store. f. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of significant views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: Subject to the revisions contained in the staff report, the proposed site plan is consistent with all plans and specifications and development design standards for the BH District. 0 RECOMMENDATION The Planning Commission recommends that the City Council approve the Conditional Use Permit and Site Plan, Planning Case #2011 -04, for a convenience store with gas pumps and multiple buildings on a single lot, property located at 7805 Great Plains Boulevard, on property zoned Highway and Business Services (BH) District. ADOPTED by the Chanhassen Planning Commission this 19'�' day of April, 2011. CHANHASSE bIAI COMMISSION /7 BY: Its Chairman EXHIBIT A Survey Metes and Bounds Description: A survey of that part of Northwest quarter of the Northeast quarter, Section 13, Township 116 North, Range 19 West, of the 5 1 Principal Meridian, City of Chanhassen, Carver County, State of Minnesota, more particularly described as follows: Commencing at the Northwest corner of the Northwest quarter of the Northeast quarter; thence South 00 degrees 25 minutes 29 seconds East 722.7 feet along the Westerly line of said quarter; thence North 89 degrees 34 minutes 31 seconds East 60.66 feet along a line perpendicular to the Westerly line of said quarter to a point of the Easterly right -of -way line of State Trunk Highway 101, and the point of beginning; thence continuing North 89 degrees 34 minutes 31 seconds East 335.35 feet along a line perpendicular to the Westerly line of said quarter; thence South 74 degrees 04 minutes 29 seconds East 62.66 feet to a point of the Northerly right -of -way line of State Trunk Highway No. 5; thence South 59 degrees, 02 minutes 31 seconds 354.52 feet along the Northerly right -of -way line of State Trunk Highway No. 5 to the Easterly corner of Parcel 209B of the Minnesota Department of Transportation right -of -way Plat No. 10 -4; thence South 89 degrees 50 minutes 18 seconds West 34.38 feet along the Northerly line of Parcel 209B to the Westerly corner of said Parcel 209B; thence North 59 degrees 25 minutes 32 seconds West 65.53 feet to a point of the Easterly right -of -way line of State Trunk Highway No. 101; thence North 00 degrees 11 minutes 00 seconds East 163.84 feet along the Easterly right -of -way line of State Trunk Highway No. 101 to the point of beginning, containing 49,414.5 square feet, or 1.134 acres. 2 PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION t -)F CHANHASSEM MIAR 2 1 2011 �' HANHASSEN PLAW NG Mi l Applicant Name and Address: Property Owner Name and Address: L ly" M U° / d Gv n V& Ll f , ro1 2.. o, 05 Cvea �9 4 PI,- ]W- r2,1' • Contact: A L c, tj t, Contact: 1{ h a t A L 0u L Phone: 6 3�3, �Z °Q - Zb -7� Phon -4g+ ' Fax: 3s2- o�7 -2c� Email: I' 2l ;g lv� lam, mat , < e'd t-k Email: KG► L o u /, Qm,7; I_e_c> NOTE Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non..-conforming Use Permit Planned Unit Development" Rezoning Sign Permits Sign Plan Review X Site Plan Review (SPR)* iD Subdivision* Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment _ Notification Sign $200 (City to install and ve) X Escrow F' ' Fees /Attorney Cost" - $5 C P AC/VAR/WAP /Metes & Bounds - $450 Minor SUB p c{ 31'2-1101 TOTAL FEE $ / , 2 - 7 c 1, /Q, C K-J& ,9� i S 0 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full -size folded copies of the plans must be submitted, including an 8' /2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE:, When multiple applications are processed, the appropriate fee shall be charged for each application. Planning Case No..-"'O i 1 --b SCANNED PROJECT NAME: o LOCATION: - 7fa5 4V Ct1, , � �'� f3LV� . 4Aalyn 667�- _I1M 5 r LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: I. / 4-4 WETLANDS PRESENT: YES _ NO PRESENT ZONING: 4 REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: 40 A This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and 1 am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Sig ture o Applicant Date Signature of Fee Owner Date -SCANNED gAplanWormAdevelopment review application.doc STATE OF 102fNE90TA ATE OF M ROTA SURVEY 4STTE EEg CrrY OF CHANRASREN vrciNn•r MAP E �8 =R I I I I I I I I I II I I I I I I I I I I I I I I I I II I I I I ' P�il I I I 1 � I I E? 1 I I 1 I I 1 1 1 I I 1 TOlC6 / LOT 3 GATEWAY EAST CITY OF CHANHASSE CARVER x COUNTY e 9TAM OF YEINEROTA i I.F— �ANAVZ IESOTA p /// EE gg 61lATLMM OF SPEC1.1, xmze: I I I as rrr.o-o-rrsr':R�st�� i 6 I I I mur a m aw�R . x� e� °eeaw ° Q47 I I I I I I I 6 I I I ��1 �!I 3 I I I I rve :mn I.s . mcrtxr. Mrr r" siazn mwm,. °n xno"c wwwms �a9� @ @4� &�EP�� aconAL ornnr � a�a�� wwx° Wxrs M W .. 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N1` � sf Y 'Rp.Tt- �. - Fggy S � �rr✓ 1�'da e.✓/ TOlC6 / LOT 3 GATEWAY EAST CITY OF CHANHASSE CARVER x COUNTY e 9TAM OF YEINEROTA i I.F— �ANAVZ IESOTA p /// EE gg 61lATLMM OF SPEC1.1, xmze: I I I as rrr.o-o-rrsr':R�st�� i 6 I I I mur a m aw�R . x� e� °eeaw ° Q47 I I I I I I I 6 I I I ��1 �!I 3 I I I I rve :mn I.s . mcrtxr. Mrr r" siazn mwm,. °n xno"c wwwms �a9� @ @4� &�EP�� aconAL ornnr � a�a�� wwx° Wxrs M W .. Ma a"w R wr m aw r rr4r .. • ^':: $F • 7A�r� ?� wB >aNNEeorA - GOPM 800 -E5E -1168 CALL B6Po86 YOU BIG SURVEY METES AND BOUNDS DESCRIPTION: .. r " mow: � I.- w =„ I" " N 11 o 1 11 ZMMAT �w U T NOTES CORRESPONDING TO SCHEDULE "B" im "rtrn ,K a"etr .aD MLmaE nu eU]: ZONING: 'BH' BIGHUAY AND BUSMSS SBHVICBS DWMCr: � ST AND ARDS .M�w STATEMENT OF ENCROACHMENTS: ©e fFEi a ME nSUlr We. 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Pk o& obo oi. ezv o."Id 6. ok obd o o e. 6o ob� k'nk k & o ok A-oo w ok o' F. ol0 ok oDD oi, do oi. k 09' 'i, Cam eDz 404., o as -bo ate aim 02oao6' PROJECT NUMBER: 21105 n em 2o ol. ol. 6. 9a oi. 9k e ia . aio o2a 9iD 9Da aim oaa m1m .0 ohm Poo o k oio o' So 11 o�4. ow obv o';P o o I, obo o6o �k 0i. DATE - F 1 K k o o�ooioomoiooiboo!-* ¢1m . . . . . . . . k DRA .1. KF - o. om ow ow o. - o. 4 o;v o bo oio o oi. Die 60 060 om ok 6P 6o 010 v. V. ok o' ok. 6P 0 HECKED BY: RR l,�. oi. 4.loo oo; Poo obo o�o 6, o oi. olo o'�� o�. �a. o. o* Pb Pb-�' 7 bo ol. 1 1 REVISIONS: , < ' " o' o o' boobo:o' booio :iv ok ollo Pi. P�. 61 Pi. ok ilo oic abo ak � ok ok obe via o' oi. bo Pao 6o bo ¢& bP -� w oie olo ok oba aim ok o6o am o' ok z%' PROPOSM WE PLAN PHOTCAE7RICS PROPOSED SITE FLAN FN0TOMETfRIG5 1" a 30'-V (ON I1x11 PAPER) PM1.1 ANOD. ALUM — GLASS DOORS e b Mot (Food Q PLASTIC SIGNAGE n TYPICAL BUILDING SIGNAGE )/31' • I' -r (ON Wn r AP W INSUL PAIN H.M. DOOR 7f ©t �ood L PROPOSED BUILDING- ELEVATION - SOUTH \ .4 3m• . r-V are mn Rath C31 PROPOSED BUILDING ELEVATION - NORTH nv 3w . v-r (m mn rArm PRE - FINISHED MTL. CAP EIFS ACCENT BAND COLORED EIFS EIFS ACCENT SAND FABRIC AWNINGS ACCENT LIGHTING CULTURED STONE ANOD. ALUM FRAMES W/ GLASS COLORED ROCKFACE MASONRY PRE - FINISHED MTL. CAP EIFS ACCENT BAND COLORED EIFS EIFS ACCENT BAND FABRIC AWNINGS ACCENT LIGHTING CULTURED STONE ANOD. ALUM FRAMES W/ GLASS COLORED RF.MASONRY PRE - FINISHED MTL. CAP WALL PACK LIGHTING TYP. FABRIC AWNINGS COLORED BRICK MASONRY COLORED ROCKFACE MASONRY PROFILE OF ROOFTOP HVAC UNITS TYP. PRE - FINISHED MTL. CAP COLORED EIFS WALL PACK LIGHTING TYP. PRE - FINISHED SCUPPER 4 DOUINSPOUT Rosa Architectural Group Inc. 1064 &W" street st P" Aura wm W 661- 796 -7886 fax 661.798 -3186 BID GAS & CONVENIENCE STORE REMODEL 7905 GREAT PLAINS BLVD. CHANHASSEN, MN 55317 .��l X77 PROJECT NUMBER: 11103 DATE MARCH 18, 1011 DRAWN BY: JL CHECKED BY: RR REVISIONS: A3.1 PROPOSED BUILDING ELEVATION - WEST _ 4)1 &W . I'-& XN INI1 r APM rA PROPOSED BUILDING ELEVATION - EAST !ilJ ant• . 1'-a XN mn PAPM EXISTING. r TO BE RE- AS REQUIR o MASONRY " CULTURED a NEW FUEL f D ISPENSEF (2) PROPOSED GANOPY ELEVATION - NORTH /SOUTH A!2 !AY • r-w (cN r n PAmm MTL. HINGES PRE - FINISHED MTL. CAP . 'x,..::. - , .u. ::::•. •..._::.,,......: .:. EIFS ACCENT BAND GONG. FILLED BOLLARD COLORED EIFS COMPOSITE WD. EIFS ACCENT BAND MATERIAL ON ACCENT LIGHTING METAL FRAME CULTURED STONE MTL. LATCH t NEW TRANSLUCENT PROPOSED GAR WASH ELEVATION - WEST BRACKETS \,D ,� W (N hM P PANEL O.H. DOOR (�!) PROPOSED TRASH ENCLOSURE ELEVATION - FRONT A!1 !n' . r xN Ian PAPER/ PRECAST CAP COLORED BRICK MASONRY COLORED ROCKFACE MASONRY PROPOSED TRASH ENCLOSURE ELEVATION - SIDES A!] !RY . 1' XN Ian PAPBU PRECAST GAP COLORED BRICK MASONRY COLORED ROCKFACE MASONRY n PROPOSED TRASH ENCLOSURE ELEVATION - REAR A!7 3m- . r (ON IEd1 PAP®U WALL PACK LIGHTING TYP. COLORED BRICK MASONRY ANOD. ALUM FRAMES W/ GLASS n PROPOSED CAR WASH ELEVATION - SOUTH COLORED ROCKFACE MASONRY A!] !y . r -d (ON Ian PAPm PLASTIC SIGNAGE r ENTER EXIT INSUL. PAINTED H.M. DOOR n PROPOSED CAR WASH ELEVATION - EAST A!7 !A2' . r-v (ON Ian PAPER) - COLORED EIFS EXIST. GAS METER n PROPOSED CAR WASH ELEVATION - NORTH A!] !AT • r-v (ON r n PAPER) Rosa Architectural Group Inc. =4 11 ftoe a Rr4 mhom E ww t* EBFF304 8B EIP GAS & CONVENIENCE STORE REMODEL 7905 GREAT PLAINS BLVD. CHANHASSEN,MN 55317 PROJECT NUMBER: 21105 DATE: MARCH 18. 2011 DRAWN By JL CHECKED BY: RR RENSIONS: P�AOWOM AA AW 6NL 09(/E HEVA70W A3,2 O Pm1Yrt ten IIOM MOIRSIW.LL alu. n PROPOSED CANOPY ELEVATION - EASTAIJEST AU 3A2' • r-w (ON Ian PAPER) F � / CITY i 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 January 25, 1989 Amoco Oil Company Attn: Mr. Kris Kristufek 5001 West 80th Street Suite #890 Bloomington, MN 55437 Re: Case No. 88 - 11, Site Plan Review Dear Mr. Kristufek: This letter is to confirm that the City Council approved your site plan case #88 -11 at their regular meeting of January 23, 1989. This approval was subject to the following conditions: 1. The self service car wash.will require site plan approval. 2. The two future gas pumps and extension of the gas canopy are approved as part of this site plan. 3. The applicant shall furnish in writing a statement that Amoco Oil Company is willing to reduce the number of entrances and exits to the site to a total number of one if MnDOT grants the City a median cut for the proposed island on State TrunK Highway 101. This entrance would fall directly in line with the centerline of :west 79th Street. The costs for the reconstruction would be at Amoco's sole expense. This state- ment shall be provided to the City prior to final site plan approval. Plans for the central access shall be provided and approved by staff prior to its construction. 4. The most southerly access shall not be located further south than the existing southerly access and shall be designed for full traffic movement (right -in and right -out). 5. The site shall be permitted only two wall signs. 6. The gas canopy shall not be permitted any signage including the Amoco stripe name. '7. The applicant shall provide the tank for used oil and shall allow it to be open to the public. • -L5 xristufek ✓anuary 25, 1989 Page 2 . 8• The applicant shall remove the ca the easterly portion rs. trucks of the site. etc., stored on 9. The Plans shall be revised to include t proper st facilities which connect Cit nect T he proposed curb to t he orm sewer r e cut near State Hiy s storm sewer system. 10. A revised erosion control ghwaY 5 will not be accepted. Pprov Engineer for a plan shall be submitted to the Cit al prior to final site for the construction Plan approval. Y 11. Details northerl ruction of the curb radius for the y access will b Engineer e provided for Prior val. approval by the City to final appro 12. The proposed buildin such that ade u gs shall be moved five f _ be provided, q maintenance for feet to the south the existing utilities may 13. The applicant shall regarding the inflammabledwaste Separatorne with details 14. Compliance with ,� Pri or to construction. MPCA. SPCA requirements and scheduled deadlines of 15, r71 outdoor storage allowed. 16. Compliance with F ire Marshal and related 17• There shall pe staff. no convenience store. If you should have any on Your site plan r evi e w, questions regardin Please contact t the conditions Placed Sincerely, his office. Stephen R.. Hanson Planning Director SRH:ktm CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 7, 2011, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Chanhassen BP Site Plan and Conditional Use Permit — Planning Case 2011 -04 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Karen J. Engelhardt, Deputy Clerk Subscribed and sworn to before me this day of ) 2011. Notary Public Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 19, 2011 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Site Plan Permit and Conditional Use Permit to Proposal: redevelop the existing Chanhassen BP Convenience Store, Car Wash and Gas Pump /Canopy on property zoned Highway and Business Services BH Applicant: Khaled Aloul Property 7905 Great Plains Boulevard Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /sery /plan /11- 04.html If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies(,3ci.chanhassen.mn.us or by Comments: phone at 952 - 227 -1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday p rior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 19, 2011 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Site Plan Permit and Conditional Use Permit to Proposal: redevelop the existing Chanhassen BP Convenience Store, Car Wash and Gas Pump /Canopy on property zoned Highway and Business Services BH Applicant: Khaled Aloul Property 7905 Great Plains Boulevard Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens Public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /sery /plan /11- 04.html If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies(cDci.chanhassen.mn.us or by Comments: phone at 952 - 227 -1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prio to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. 79TH STREET CENTER AMERICAN LEGION -CHAN POST 580 B 4 D LLC PARTNERSHIP 290 LAKE DR E 555 3RD AVE NW 80 W 78TH ST STE 131 CHANHASSEN MN 55317 -9364 HUTCHINSON MN 55350 -1673 CHANHASSEN MN 55317 -8719 BAM PROPERTY HOLDINGS LLC 440 79TH ST W CHANHASSEN MN 55317 -9530 BLOOMBERG COMPANIES INC PO BOX 730 CHANHASSEN MN 55317 -0730 BROWN PROPERTIES LLC PO BOX 474 CHANHASSEN MN 55317 -0474 CAMELOT CONY &QUALITY FUEL &FOOD 7905 GREAT PLAINS BLVD CHANHASSEN MN 55317 -9764 CHURCH OF ST HUBERT 8201 MAIN ST CHANHASSEN MN 55317 -9647 GRACE DEVELOPMENT LLC 250 LAKE DR E CHANHASSEN MN 55317 -9364 MICHAEL A RAMSEY REV TRUST 6362 OXBOW BND CHANHASSEN MN 55317 -9109 CENTERPOINT ENERGY MINNEGASCO PO BOX 59038 MINNEAPOLIS MN 55459 -0038 DRF CHANHASSEN MEDICAL BLDG 7101 78TH ST W #100 MINNEAPOLIS MN 55439 -2527 HOLIDAY STATION STORES INC PO BOX 1224 MINNEAPOLIS MN 55440 -1224 RIESE FAMILY PROPERTIES LLC 9154 SUNNYVALE DR CHANHASSEN MN 55317 -8532 CHANHASSENINN 531 W 79TH ST CHANHASSEN MN 55317 -5317 G L B PROPERTIES LLC PO BOX 474 CHANHASSEN MN 55317 -0474 MARIANNE BURGER LLC 5925 WOODLAND CIR MINNETONKA MN 55345 -6440 SILO BUILDING LLC 3561 44TH ST W MINNEAPOLIS MN 55410 -1359 SORENSEN PROPERTIES LLC SOUTHWEST TRANSIT VALVOLINE INSTANT OIL CHANGE 12625 58TH ST 13500 TECHNOLOGY DR PO BOX 14000 MAYER MN 55360 -9615 EDEN PRAIRIE MN 55344 -2283 LEXINGTON KY 40512 -4000